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Legal news from Thursday, October 20, 2005




Miers hearings expected to run over White House schedule
Joshua Pantesco on October 20, 2005 8:15 PM ET

[JURIST] Senators predicted Thursday that the confirmation hearings for US Supreme Court nominee Harriet Miers [JURIST news archive], scheduled to begin November 7th [JURIST report], will probably not finish before Thanksgiving as hoped for by the White House. Senator Arlen Specter (R-PA) [official profile], the chairman of the Senate Judiciary Committee [official website] who earlier criticized Miers' questionnaire answers [JURIST report] as “incomplete” and “insufficient” after she failed to mention Texas and DC bar suspensions for non-payment of dues, said "we may not finish before Thanksgiving. We're going to have to take whatever time we need. We do not have much paperwork. We do not have much of a record." AP has more.
ALSO ON JURIST

 Text: Miers responses | Op-ed: Two Cheers for Harriet Miers






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New House bill would split Ninth Circuit, add federal judges
Joshua Pantesco on October 20, 2005 7:37 PM ET

[JURIST] Rep. James Sensenbrenner, Jr. (R-WI) [official profile], chairman of the US House Judiciary Committee [official website], introduced new legislation Thursday to split the US Ninth Ciruit that would create a new US Twelfth Circuit Court of Appeals covering Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington. Under the Federal Judgeship and Administrative Efficiency Act of 2005 (HR 4093) [text not yet published] a reduced Ninth Circuit would serve California, Guam, Hawaii, and the Northern Mariana Islands. Following recommendations made by the US Judicial Conference [official website], the bill would also authorize the President to appoint five permanent and two temporary judges to the new Ninth Circuit who would sit in California. The legislation also calls for 12 new circuit court seats and 56 new district court seats, as well as 24 new bankruptcy judgeships. Said Sensenbrenner: “The Ninth has become so big -- in geographic size, in workload, in number of active and senior judges - that it can no longer appropriately discharge its civic functions on behalf of the American people." Splitting the sometimes-controversial and often relatively-liberal Ninth Circuit has been proposed before; the House approved a similar proposal [JURIST report] last October before it was quashed in the Senate. Read the House Judiciary Committee press release.






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Penalties increased for illicit peer-to-peer movie sharing
Joshua Pantesco on October 20, 2005 6:44 PM ET

[JURIST] The US Sentencing Commission [official website] has authorized emergency rules [text] increasing penalties for persons convicted of swapping as-yet-unreleased films over peer-to-peer file sharing networks such as Kazaa and Morpheus. The emergency regulations, which supplement the current guidelines [PDF text], allow judges to base sentences on the volume of copyrighted works shared, and expand the definition of infringement to include “storing an infringing item in an openly shared file.” Commentators expect the new rules to increase prison sentences for those convicted by about forty percent. The emergency rules are the end result of the Family Entertainment and Copyright Act [text; JURIST report], signed by President Bush last April, which was supported [press release] by the Motion Picture Association of America [industry association website] and the Recording Industry Association of America [industry association website], among other media groups. CNET has more.






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West ignoring Russian rule of law breakdown, expelled Khodorkovsky lawyer says
Jeannie Shawl on October 20, 2005 5:15 PM ET

[JURIST] Robert Amsterdam [profile], international defense counsel for jailed Russian oil tycoon Mikhail Khodorkovsky [defense website], says that Western governments are turning a blind eye to the deteriorating rule of law in Russia exemplified by his client's prosecution and recent conviction. In a JURIST op-ed [Forum text] published Thursday, Amsterdam argued that instead of insisting that Russia respect fundamental human rights, Western states are playing along in their own economic interests. Khodorkovsky has started serving a eight-year prison sentence [JURIST report] for fraud and tax evasion in connection with his management of Russian oil company Yukos [corporate website]. Amsterdam, expelled from Russia [JURIST report] in September following the denial of Khodorkovsky's first appeal, says that Western governments have resorted to get-along "fuel diplomacy" rather than pressure Russia to respect judicial independence and abide by the principles of the European Convention on Human Rights [text] and other international treaties. Amsterdam also accuses Russia of allowing "grotesque violations of the right to counsel, right to liberty and right to a fair trial" in both the Khodorkovsky trial and associated Yukos litigation.

Amsterdam's comments come as Russian officials have confirmed that Khodorkovsky and business partner Platon Lebedev have been sent to remote prisons [JURIST report] to serve their sentences. Four Russian members of Khodorkovsky's defense team are currently facing disbarment proceedings for "dragging out" their appeal of the conviction. The Kremlin prosecutor has also asked the Russian Ministry of Justice to discipline four other lawyers involved in the defense. The Canadian Press has more on Russia's treatment of Khodorkovsky's legal team.
ALSO ON JURIST

 Topic: Khodorkovsky trial | Audio: Political and economic ramifications of the Khodorkovsky case [Robert Amsterdam]






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Saudi Arabia denies torturing man accused of plotting Bush assassination
Greg Sampson on October 20, 2005 4:55 PM ET

[JURIST] The government of Saudi Arabia on Thursday denied accusations [press release] that Saudi officials tortured Ahmed Omar Abu Ali while he was detained by the Saudi government in 2003. Abu Ali, an American citizen arrested in Saudi Arabia, testified in US federal district court [JURIST report] on Wednesday that Saudi officials denied his requests to contact the US embassy and tortured him while he was in custody. Abu Ali has been charged [indictment, PDF] by the US government with joining Al Qaeda and plotting to assassinate President Bush [JURIST report]. AFP has more.

Previously in JURIST's Paper Chase...






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US appeals court upholds use of race in Seattle high school admissions
Greg Sampson on October 20, 2005 4:28 PM ET

[JURIST] In a 7-4 decision issued on Thursday, a full panel of the US Court of Appeals for the Ninth Circuit [official website] upheld the Seattle school district's use of race in its high school admissions policy. The policy allows high school students to choose their preferred school. If there is insufficient space at one of the schools, then the district will use race, as well as other factors, to make its final decision. A group of parents challenged the policy in 2000, arguing that the school district's use of race was unconstitutional. In Thursday's ruling [PDF] in Parents Involved in Community Schools v. Seattle School District, No. 1, the Ninth Circuit rejected the parents' claims, finding the policy was sufficiently limited to meet the district's compelling interest in establishing and maintaining racial and ethnic diversity in the classroom. AP has more. The Seattle Post-Intelligencer has local coverage.






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Ecuador high court rejects presidential attempt at constitutional reform
Greg Sampson on October 20, 2005 4:10 PM ET

[JURIST] Ecuador's high court on Thursday rejected an attempt by President Alfredo Palacio [BBC profile] to seek a referendum on his political reforms. Palacio, a political independent in office for only seven months, has no support in the Ecuador Congress [official website] and has faced substantial opposition to his efforts to rewrite the country's constitution. Palacio assumed the presidency after Congress ousted his predecessor [JURIST report], Lucio Gutierrez, in April. Before taking his case to court, Congress had twice rejected Palacio's attempts at reform and he went to the high court in an effort to bypass the legislature entirely. The Financial Times has more.






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German court hears appeal in Mannesmann acquittal case
Greg Sampson on October 20, 2005 3:35 PM ET

[JURIST] A German appeals court on Thursday heard an appeal brought by federal prosecutors challenging last year's acquittal [JURIST report] of Deutsche Bank CEO Joseph Ackermann [WEF profile]. The appeal comes from a July 2004 court ruling that cleared Ackermann and five other former Mannesmann [corporate website] executives of corruption charges. At oral argument, a federal prosecutor told the court that Mannesmann executives improperly depleted the company's financial resources when they paid out millions of euros in bonuses. The court said it must determine whether German law permitted the bonuses paid to the executives. Expatica has more.






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BREAKING NEWS ~ Saddam lawyer kidnapped in Baghdad
Jeannie Shawl on October 20, 2005 3:22 PM ET

[JURIST] Sky News is reporting that Saadoun Janabi, a member of the legal defense team for Saddam Hussein [JURIST news archive], has been kidnapped in Baghdad.

4:07 PM ET - Reuters is now reporting the kidnapping victim, also identified by police as Saadoun Dulaimi, is actually a defense lawyer for former Iraqi judge Awad al-Bander, who is one of Hussein's co-defendants.






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Gonzales: zero tolerance for hurricane aid fraud
Christopher G. Anderson on October 20, 2005 3:15 PM ET

[JURIST] The US Department of Justice is adopting a zero tolerance policy for anyone attempting to fraudulently acquire aid money appropriated to the hurricane-ravaged Gulf Coast, US Attorney General Alberto Gonzales [official profile] said Thursday. Speaking to about 100 investigators [prepared remarks] from the Hurricane Katrina Fraud Task Force, Gonzales promised that every dollar directed to hurricane relief would be used to help those affected by Hurricane Katrina [JURIST news archive]. Gonzales also vowed to hold politicians accountable if they try to channel money into their own pockets or those of friends or constituents. The task force was established [JURIST report] in the wake of Hurricanes Katrina and Rita by the Department of Justice [official website; press release] to investigate and prosecute disaster-related crimes such as charity and insurance fraud, identity theft, and government benefit fraud. AFP has more.






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Motorola sues incoming Nortel head for stealing trade secrets, breach of contract
Christopher G. Anderson on October 20, 2005 2:52 PM ET

[JURIST] Motorola [corporate website] has filed a lawsuit against the incoming CEO of Nortel Networks [corporate website], claiming the Canadian telecommunication equipment company's move to hire its former chief operating officer will inevitably result in the use and disclosure of Motorola's trade secrets. Nortel hired Mike Zafirovski [press release] as its president and CEO, effective November 15, after he resigned from Motorola earlier this year. The lawsuit also claims that Zafirovski breached agreements with his former company by accepting employment with Nortel. Motorola, the world's No. 2 maker of mobile phones, is seeking, among other relief, an injunction to enjoin Zafirovski from working at Nortel for two years, from soliciting or hiring Motorola employees, and from utilizing or disclosing Motorola's confidential information. CBC News has more.






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BREAKING NEWS ~ DeLay booked on conspiracy, money laundering charges
Jeannie Shawl on October 20, 2005 2:18 PM ET

[JURIST] AP is reporting that Rep. Tom DeLay (R-TX) [official website; campaign website] has turned himself in for booking on criminal conspiracy [JURIST report] and money laundering [JURIST report] charges. A warrant was issued for DeLay's arrest [JURIST report] Wednesday, and DeLay arrived at Houston's Harris County Sheriff's Office [official website] Thursday, where he was photographed, fingerprinted and released on a $10,000 bond. DeLay is scheduled to appear in court on Friday morning; he has repeatedly denied [DeLay campaign website legal analysis] any improper political party contribution or criminal conspiracy. AP has more.
ALSO ON JURIST

 Topic: Tom DeLay | Text: Money laundering indictment | Text: Criminal conspiracy indictment






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EU outlines plan to combat human trafficking
Tom Henry on October 20, 2005 1:28 PM ET

[JURIST] The European Commission [official website] has outlined its plan to combat human trafficking during a two-day conference, Tackling Human Trafficking [overview], stressing the importance of cooperation between member states in the effort to stem the flow of adults and children smuggled into countries to work for low wages or as prostitutes. EU Justice Commissioner Franco Frattini [official website] pressed member states to implement EU policies on trafficking, including one which offers asylum to victims who cooperate in investigations against their traffickers. The EU believes that more than one million people are trafficked yearly, nearly three quarters of them women and girls, the majority of which are forced into prostitution. The EU has background on the proposals [PDF]. BBC has more. EurActiv has additional coverage.






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Annan receives report on Hariri murder, Lebanon awaits findings
Tom Henry on October 20, 2005 12:55 PM ET

[JURIST] Top UN investigator Detlev Mehlis on Thursday turned a report over to UN Secretary-General Kofi Annan on the murder of former Lebanese Prime Minister Rafik Hariri [JURIST news archive]. Annan is expected to send a copy of the report to the UN Security Council [official website] and to Lebanese leaders on Friday. The UN launched the investigation [JURIST report] in May after determining that Lebanon's inquiry into Hariri's murder was "seriously flawed." Lebanon has increased security and temporarily banned the issuance of gun licenses as anticipation grows over the release of the report, which diplomats and officials claim will implicate both Lebanese and Syrian officials. Syrian President Bashar al-Assad [BBC profile] has claimed Syria is "100% innocent" and was uninvolved in the murder. US Ambassador to the UN John Bolton [official profile] said Washington is consulting with other Western governments on possible follow-up measures that the Security Council may implement following the report's release. AP has more.






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Pentagon to investigate alleged desecration of Taliban dead by US soldiers
Jamie Sterling on October 20, 2005 12:50 PM ET

[JURIST] The US military announced [press release] late Wednesday that it is conducting an investigation into the alleged desecration of the bodies of two dead Taliban fighters in Afghanistan by US soldiers. The troops burned two bodies and used the charred remains in a propaganda campaign against insurgents, broadcast over loudspeakers towards a village thought to be hiding Taliban fighters. Video [transcript] of the acts was aired [Dateline summary] by Australian news program Dateline Wednesday. According to a transcript [text] of the program, the American soldiers referred to the bodies as "facing west," a mocking referral to the Muslim tradition of facing west toward Mecca. Responding to the report, US Central Command said that it "does not condone the mistreatment of enemy combatants or the desecration of their religious and cultural beliefs." General Mohammed Zahir Azimi of the Afghan Defense Ministry has called for those responsible to be punished [AP report]. The Guardian has more.






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US oil trading company pleads guilty in Oil-for-Food scandal
Holly Manges Jones on October 20, 2005 12:34 PM ET

[JURIST] A Virginia oil trading company has pleaded guilty [press release] to charges of first-degree grand larceny in connection with the United Nations Oil-for-Food scandal [JURIST news archive], according to a US prosecutor Thursday. Midway Trading was accused of paying kickbacks to Iraqi officials for oil purchases made under the program and will pay a $250,000 fine for its guilty plea. Midway and Bulf Oil are both accused in the kickback scheme for allegedly paying over $440,000 to Iraq for oil purchases, but the companies denied the payments to UN investigators. The announcement of the guilty plea was made by Manhattan District Attorney Robert Morgenthau, and while the UN-backed Independent Inquiry Committee [official website] would not comment on whether it had worked with Morgenthau on the case, a committee spokesman said they have previously cooperated with the district attorney. AP has more.






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Spain court urged to drop arrest warrant for US soldiers
Jamie Sterling on October 20, 2005 12:33 PM ET

[JURIST] Prosecutors for Spain's National Court asked Thursday that the court drop an arrest warrant issued for three American soldiers who allegedly killed Spanish journalist Jose Couso [Guardian report] and a Ukrainian cameraman in Iraq, according to a court official. The prosecutor's office said that Spain does not have jurisdiction to investigate causes of death that result from military conflict. The warrant was issued [JURIST report] Wednesday and the issuing judge plans to ask that the soldiers be extradited to Spain for trial. The Pentagon cleared the soldiers [Reporters Without Borders report; JURIST report] of any responsibility. AP has more.






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Milosevic denied more time to question witnesses
Jamie Sterling on October 20, 2005 12:00 PM ET

[JURIST] Judges at The Hague Thursday refused a request by Slobodan Milosevic [ICTY case backgrounder], on trial for genocide, crimes against humanity and war crimes before the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website], for more time to question witnesses for his defense, and then urged Milosevic to accept the legal help offered to him. Milosevic had requested an additional 100 days on top of the 150 days already allotted so that he can question 200 witnesses. Prosecutors were concerned that if Milosevic's request were granted, the trial [JURIST news archive] may last for another four to five years [JURIST report]. The entire trial, including appeals, is expected to finish by 2010. Reuters has more.
ALSO ON JURIST

 Topic: ICTY | Op-ed: Meltdown at the Milosevic Trial: A Much Delayed Rush to Judgment






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Iraqi tribunal to hear testimony from ailing prosecution witness
Jamie Sterling on October 20, 2005 11:50 AM ET

[JURIST] Although the Saddam Hussein trial [JURIST news archive] has been delayed until next month [JURIST report], a key witness seriously ill with cancer will testify before the trial resumes, presiding Judge Rizgar Amin announced Thursday. The witness, Wadah Ismael al-Sheikh, was a senior Iraqi intelligence officer serving in Dujail during the 1982 massacre [NPR audio report] at issue in the trial. Hussein, along with seven co-defendants has been charged with murder, torture, forced expulsions and illegal imprisonment. Amin has said that al-Sheikh will testify shortly from his hospital bed, though lawyers involved with the case have said that testimony will occur during a Sunday session [AP report]. Reuters has more.
ALSO ON JURIST

 Op-ed: Saddam in the Dock: The Challenge of Didactic Justice | Op-ed: Sovereign Immunity for Saddam? Not Likely.






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New alliance proposes amendments to UK religious hate law
Holly Manges Jones on October 20, 2005 11:38 AM ET

[JURIST] An alliance of British writers, comedians, and bishops Thursday proposed amendments they want added to the Racial and Religious Hatred Bill [text], which was debated [JURIST report] last week in the UK House of Lords [official website]. Comedic actor Rowan Atkinson [profile] and former Archbishop of Canterbury Lord Carey are part of the coalition proposing safeguards that will protect people and not ban comments or jokes made against religious beliefs. The amendments propose that only individuals with intentions to "stir up hatred" should be found guilty of religious hate crimes; only threatening words should be banned rather than abusive or insulting comments; and discussion, criticism of expressions of antipathy, dislike, ridicule, insult, or abuse of particular religions or beliefs should not be banned. The government has said that the attorney general will need to approve every prosecution under the new bill, which will lessen "frivolous" cases being brought. The proposed bill is scheduled to enter the committee stage in the House of Lords next week. BBC News has more.

Previously in JURIST's Paper Chase...






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2002 Bali bombers decline to seek presidential pardon of death sentences
Jamie Sterling on October 20, 2005 11:12 AM ET

[JURIST] Three militant fighters convicted for the 2002 Bali nightclub bombings [BBC report] that killed over 200 have refused to seek presidential pardons, saying that they are prepared to be executed, a prosecutor said Thursday. The bombing in Bali earlier this month triggered calls for the immediate execution [JURIST report] of the 2002 bombers, who are believed to be associated with al Qaeda linked militant group Jemaah Islamiah [BBC backgrounder]. Under Indonesian law, an execution can not be carried out until all legal options have been exhausted. The families of the fighters can still file requests for pardons, but so far there has been no indication that any of the families are planning to do so. Also Thursday, all five men who have been detained [JURIST report] in connection with the Oct. 1 bombing were released [Jakarta Post report] due to insufficient evidence. Reuters has more.

Previously in JURIST's Paper Chase...






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'Shoot-to-kill' provisions of Australia anti-terror proposal questioned
Holly Manges Jones on October 20, 2005 11:04 AM ET

[JURIST] Australian state leaders warned Thursday that "shoot-to-kill" provisions in the country's anti-terrorism proposals [draft law text, PDF] could lead to another wrongful police shooting similar to the one by British officers who incorrectly identified a Brazilian citizen as a suicide bomber [JURIST report] and killed him. The opposition could lead to a revision of the measure, but Australian Prime Minister John Howard [official profile] said the provisions do not actually give the Australian Federal Police [official website] any new power since they already have the right to use necessary deadly force in protecting against deaths or serious injury. Despite civil rights concerns and assertions by law academics who say the laws might breach Australia's obligations under the International Covenant on Civil and Political Rights [text], six of Australia's states and two territories have already approved the laws. State leaders in Queensland, New South Wales, and Victoria said the shoot-to-kill provisions were not part of their agreement with the prime minister and that they want the section changed, vowing to "bring forward legislation consistent with what was agreed to." Reuters has more.

Previously in JURIST's Paper Chase...






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Australia pressing UN to put Mugabe on trial
Jamie Sterling on October 20, 2005 10:32 AM ET

[JURIST] Australia is urging the UN Security Council to put Zimbabwean president Robert Mugabe [official website] on trial before the International Criminal Court (ICC) [official website] for crimes against his own people. Australian Foreign Affairs Minister Alexander Downer [official website] says that Mugabe has ruined Zimbabwe's economy and is a "terrible threat" to its citizens. As Zimbabwe is not a party to the ICC statute, it could only initiate legal process against him through a Security Council resolution. The New Zealand government has already called for Mugabe to be put on trial [JURIST report] in front of the ICC and for Zimbabwe to be expelled from the International Monetary Fund [official website] for failing to repay its debts. The victory of Mugabe's party during March parliamentary elections has, however, guaranteed Mugabe's power and home and given him the two-thirds legislative majority needed to make constitutional changes. Mugabe has vowed to stay in office until his "revolution" is complete and is planning on serving another six-year term, which will leave him in office until the age of 84. BBC News has more.






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Bush 'faith-based initiative' wins victory, though legal challenges continue
Holly Manges Jones on October 20, 2005 10:13 AM ET

[JURIST] President Bush's "faith-based initiative" to get taxpayer funding to religious charities won a legal victory recently when a US federal judge ruled that religious groups are able to hire and fire employees based on their religious beliefs and practices, even if their salaries are funded by taxpayers. The case had been brought by eighteen Salvation Army [organization website] employees who claim they were fired or demoted for refusing to reveal what church they attended, name gay co-employees, or pledge support to the Salvation Army's message of "proclaiming Jesus Christ as Savior and Lord." H. James Towey, director of the White House Office of Faith-Based and Community Initiatives [official website], called the decision "huge" saying, "It's certainly a vindication of what President Bush has been saying from Day One -- that religious groups do not have to sell their soul, compromise their hiring practices, in order to partner with government in providing social services."

Meanwhile, the Freedom From Religion Foundation (FFRF) [advocacy website] won a victory for critics of Bush's faith program last week when the US Department of Education [official website] suspended a $435,000 grant for Alaska Christian College [FFRF press release], a school run by the Evangelical Covenant Church, because the curriculum was almost entirely religious and the grant amounted to an "unconstitutional endorsement of religion." Another related trial brought by the Americans United for Separation of Church and State [advocacy website] is set to begin in Iowa Monday, which will challenge the constitutionality of funding for the state's prison ministry InnerChange program that describes itself as "Christ-centered." Thursday's Washington Post has more.






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Ukraine prosecutor claims he was fired for investigating president's wife
Holly Manges Jones on October 20, 2005 9:32 AM ET

[JURIST] Recently fired Ukrainian Prosecutor General Svyatoslav Piskun is claiming his termination last month was a direct result of an investigation he launched into the expenditures of the wife of Ukrainian President Viktor Yushchenko [BBC profile]. Piskun was looking into the costs involved when US-born Kateryna Yushchenko-Chumachenko flew a group of her US relatives to Kiev on a chartered plane for her husband's presidential inauguration earlier this year. Piskun said the bill for the trip totaled £155,000 ($274,217) and he was investigating who funded the costs, implying that there may be some link to a Ukrainian businessman wanted in the US for money laundering. Piskun said, "My dismissal was a direct consequence of my refusal to submit to political pressure." Yushchenko denies Piskun's allegations, saying he was instead fired for his incompetence in failing to finalize a politically-charged investigation into the 2000 killing of journalist Heorhiy Gongadze [JURIST report]. The Independent has more.






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Miers agrees to supplement confirmation questionnaire
Chris Buell on October 20, 2005 9:10 AM ET

[JURIST] US Supreme Court nominee Harriet Miers [JURIST news archive] has said that she will provide more details to the Senate Judiciary Committee [official website] after Republican and Democratic committee leaders requested that Miers resubmit her answers to a judicial questionnaire, which some members of the committee found insufficient in her first response. Committee Chairman Sen. Arlen Specter [official website] and ranking Democrat Sen. Patrick Leahy [official website], in a joint letter [text; JURIST report], asked Miers to clarify some of her earlier responses, particularly regarding her suspension from the Washington DC bar, potential conflicts of interest due to her work for the Bush administration, and communications reportedly made by the Bush administration [JURIST report] to others regarding how Miers would rule on particular cases if confirmed. The letter indicated that some of Miers' responses were incomplete and represents another setback in the nomination process. The letter also requested more information on Miers' experience working with constitutional issues [NYT report] and whether it came while working in the Bush administration. In a letter [PDF text] to the committee Wednesday, Miers wrote that she would "work to provide additional materials" as requested. The committee is expected to begin confirmation hearings for Miers on Nov. 7. AP has more.
ALSO ON JURIST

 Text: Miers responses | Op-ed: Two Cheers for Harriet Miers






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Former Australian PM bashes new anti-terror laws
Holly Manges Jones on October 20, 2005 9:07 AM ET

[JURIST] Former Australian Prime Minister Malcolm Fraser [official profile] Wednesday voiced his strong opposition to new anti-terrorism proposals [draft law text, PDF] from current Prime Minister John Howard [official profile], which were leaked [JURIST report] by an Australian state leader earlier this month. The laws allow up to 14 days of "preventive detention" and planned control orders, which Fraser argues will not effectively prevent terrorism. Fraser called the laws arbitrary, saying there were no adequate judicial review measures in place, and argued that the laws are based on a trust that the Australian government "has not earned." Fraser, also a member of Howard's Liberal Party, called the process of introducing the reforms "seriously flawed" and commented, "Instead of wide-ranging discussions, the government has sought to nobble the field in secret and to prevent debate." Earlier this week, Howard said he would not be swayed toward weakening the anti-terrorism measures [JURIST report], despite voiced criticism against the laws [JURIST report] by civil liberties groups. UPI has more. From Melbourne, the Age has local coverage.






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Time served by Hicks should count toward sentence, Australia says
Chris Buell on October 20, 2005 8:52 AM ET

[JURIST] Australia [JURIST news archive] has disputed suggestions by the US Department of Defense [official website] that the four years terror suspect David Hicks [advocacy website] has been detained at Guantanamo Bay [JURIST news archive] should not count toward any sentence he receives if convicted. Australian Foreign Minister Alexander Downer [official profile], in a rare break with US policy in Guantanamo, said he would oppose the US [interview transcript] if it chose to ignore the time served by Hicks. Downer's comments came after a US military legal advisor said that sentences issued to Guantanamo detainees would begin at the point of their conviction. Hicks is expected to stand trial beginning Nov. 18 on charges that he fought for the Taliban against US forces in Afghanistan in 2001. AFP has more.
ALSO ON JURIST

 Op-ed: Guantanamo Process as a Public Danger | Topic: Military Tribunals | Video: Military commissions






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Judge dismisses part of whistleblower suit by former US attorney
Chris Buell on October 20, 2005 8:26 AM ET

[JURIST] A federal judge on Wednesday dismissed half of a whistleblower suit [complaint, PDF] filed by former US Attorney Richard Convertino, who alleged that he was retaliated against [JURIST report] after cooperating with a US Senate investigation into the failed prosecution of four men on terror charges in the first major trial following the Sept. 11 attacks. US District Judge Royce Lamberth [official profile] dismissed one of two counts filed by Convertino, saying it should have been filed with the Office of Special Counsel [official website]. Convertino led the prosecution of four North African immigrants alleged to have been part of a terror cell in Detroit that was touted by the Bush administration as a major victory against terrorism. The case fell apart, however, under allegations of prosecutorial wrongdoing when the Department of Justice failed to provide the suspects with documents that could have aided their defense. The DOJ ultimately dismissed the charges in 2004, and Convertino resigned in May [JURIST report]. AP has more.

Previously on JURIST's Paper Chase...






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House expected to OK legislation shielding gun manufacturers from liability
Chris Buell on October 20, 2005 8:07 AM ET

[JURIST] The US House of Representatives [official website] is expected on Thursday to approve a bill that will block various civil lawsuits filed against US gun manufacturers. Both Republicans and Democrats predicted that the Protection of Lawful Commerce in Arms Act [S. 397 bill summary] would be approved with bipartisan support, clearing the way for President Bush to sign the law. The legislation gives gun manufacturers and dealers broad immunity from lawsuits filed by cities and municipalities, as well as for many suits filed by people harmed by guns. Opponents of the legislation, including the Brady Campaign [advocacy website], have warned that they will challenge the law in court. The legislation has been strongly supported by the National Rifle Association [advocacy website] and other gun-rights groups for years. Reuters has more.

12:21 PM ET - The House voted 283-144 to pass the legislation and it will now go to President Bush for his signature. AP has more.






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Malawi lawmakers adopt impeachment procedures
Chris Buell on October 20, 2005 7:51 AM ET

[JURIST] The Malawi [government website; BBC country profile] parliament has adopted procedures for the impeachment of the country's president, who has been accused of misusing state funds and violating the country's constitution. Legislators approved the procedures late Tuesday in a growing dispute between President Bingu wa Mutharika [BBC News profile] and opposition politicians backed by former President Bakili Muluzi [BBC News profile]. Muluzi hand-picked wa Mutharika to succeed him, but the current president later defected from Muluzi's United Democratic Front party and began to form his own political party. The United Democratic Front then began efforts with other opposition parties to impeach wa Mutharika, which is allowed under the constitution, although no procedures for doing so existed. Under the recently approved procedures, a motion to impeach may be made after a legislator collects the signatures of at least one third of the parliament, and the president may then defend himself before parliament. AP has more.






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Khodorkovsky, associate sent to remote prisons for jail terms
Chris Buell on October 20, 2005 7:32 AM ET

[JURIST] Former Russian oil tycoon Mikhail Khodorkovsky [defense website; JURIST news archive] and his business partner Platon Lebedev have reportedly been sent to remote prisons [JURIST report] in Siberia and the far north of the country to serve eight-year sentences after being convicted of fraud and tax evasion [JURIST report]. Defense lawyers for Lebedev said his family had been notified that he was sent to a prison in Kharp, a remote village almost 1,200 miles from Moscow. Russian media were reporting Thursday that Khodorkovsky, former Yukos CEO, had been transferred [Mosnews report] to a prison in the Chita region. Russian authorities have indicated that both men could face additional charges. Khodorkovsky has filed an appeal of his conviction, both in Russia and before the European rights court. AP has more.






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